The "enemy combatant" question. It's not just about the suspect's rights, it's about OUR rights.

[JDPriestly]

13. Thank you. The other part of the right to remain silent upon which the

Miranda warning is based is the "public" trial.


U.S. Constitution
Sixth Amendment
. . . .

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
. . . .

Amendment V
. . . .

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

http://www.law.cornell.edu/constitution/sixth_amendment

This case did not arise "in the land or naval forces or in the militia or when in actual service in timer of war or public danger."

These terrorists are common criminals and should be treated as such. They are not part of our military service. They were not in our military service, and they do not belong in a military court.

The reason we have military courts is that people serving the country in our military have a more demanding duty to our country than other citizens. Their rules are different. They are subject to our ordinary laws plus the military code. That's why we have military courts -- to enforce that special code.

These young men were not in our military. They do not belong in military codes. They have the rights, limited as they are, of ordinary people accused of crimes.

The gangs in Los Angeles are more like armies than these brothers and their pals. But even they get tried in normal courts. Even though they can silence witnesses in some cases through social pressure and fear of reprisal. Nevertheless, they are tried in our courts.